United States Supreme Court Cases & Opinions

U.S. Supreme Court

Probst v. Trustees of Board of Domestic Missions, 129 U.S. 182 (1889)

Probst v. Trustees of the Board of Domestic Missions

of the General Assembly of the Presbyterian Church

No. 113

Argued and submitted December 7, 1888

Decided January 21, 1889

129 U.S. 182

Syllabus

A ruling in the trial court that the showing that an original deed of a tract of land to a party in a suit pending in New Mexico is in the office of that party in New York lays a foundation for the admission of a copy, by that party, under § 2765 of the Compiled Laws of that Territory is not good practice, nor an exercise of the discretion of the court to be commended, though it is possible that if there were no other objection to the proceedings at the trial, the judgment would not be reversed on that account.

An entry into land without right or title, followed by continuous uninterrupted possession under claim of right for the period of time named in a statute of limitations, constitutes a statutory bar in an action of ejectment against one who otherwise has the better right of possession.

Ejectment. Plea, the general issue and the statute of limitations. Verdict for plaintiff and judgment on the verdict. Defendant sued out this writ of error. The case is stated in the opinion.

Page 129 U. S. 186